BILL ANALYSIS Ó
AB 166
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Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
166 (Beth Gaines) - As Amended March 11, 2015
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|Committee: |Administrative Review | | |
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| |Arts, Entertainment, Sports, | |6 - 0 |
| |Tourism, and Internet Media | | |
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill authorizes the Department of General Services (DGS),
with consent from the Department of Corrections and
Rehabilitation (CDCR), to enter into a long-term lease for land
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on the grounds of the California State Prison at Folsom (CSP)
for a non-state funded peace officers memorial and museum.
Specifically, this bill:
1)Authorizes DGS to lease property for the museum facility-to a
nonprofit entity formed specifically to implement construction
and operation of the museum-for up to 50 years, with periodic
review of the lease every five years.
2)Makes the lessee fully responsible for the maintenance and
operation of the facility and exempts the state from any
liability for facility construction, operation, improvement or
maintenance.
3)Requires the lease terms to include specified circumstances
under which the property would revert to the state, and
authorizes DGS, under such circumstances, to charge the lessee
for any costs incurred in the demolition of the facility and
restoration of the property to its pre-leased condition.
4)Requires the lessee to pay all administrative costs incurred
by DGS associated with the lease and any required easements.
FISCAL EFFECT:
1)Minor one-time costs (less than $10,000) for DGS to develop
and execute the lease, to be reimbursed by the lessee.
2)Minor annual General Fund lease revenue.
COMMENTS:
1)Purpose . According to the sponsor, the Old Guard Foundation,
Inc., the current museum space near the entrance to CSP Folsom
is "too small of a location to adequately highlight the
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history of corrections, house important artifacts, honor the
men and women who serve in the corrections profession, and
dispel the negative stereotypes surrounding the corrections
system."
The author states that this bill is intended to facilitate an
arrangement with DGS and CDCR to provide for an expansion of
the current museum to a larger site on prison grounds.
According to the author, the expanded facility would be built
and operated with private donations and CDCR would have no
role in its construction or operation once a lease is
approved. CDCR reports that it has been in collaborative
discussions with the sponsor regarding an expansion of the
existing museum. The sponsor estimates the project will be
completed in three phases at a cost of approximately $7
million. To date, the sponsor has raised about $171,000.
2)Prior Legislation. Last year, AB 1503 (Gaines) required,
rather than permitted, the proposed lease between DGS, CDCR
and specifically with the sponsor. AB 1503 was vetoed by the
Governor with the following message: "Current law already
allows the state to enter into shorter leases without
specifying the lessee. Rather than forcing the state to allow
a little-known, non-governmental entity to use public property
for up to 50 years, I would prefer that supporters pursue the
existing authority provided in statute." AB 166 is permissive
and does not specify a lease with the Old Guard Foundation.
Analysis Prepared by:Chuck Nicol / APPR. / (916)
319-2081
AB 166
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